DISMISS TEACHER’S CHALLENGE OF SODV ACT - DPM

MBABANE – “This will bring the administration of criminal justice in the country to a halt as there will be no prosecution of sexual offences until the application is concluded at an unforeseeable date in future.”

This was the submission of the Deputy Prime Minister, Themba Masuku, in the matter where a teacher is challenging the constitutionality of the SODV Act. The Sexual Offences and Domestic Violence Act (SODV) of 2018, according to the teacher, Moses Shongwe, was unconstitutional in that it allegedly takes away the right to a fair trial which is guaranteed by Section 21 of the Constitution. Shongwe was arrested for allegedly having sexual intercourse with a 15-year-old minor. His case is pending before Manzini Principal Magistrate David Khumalo. He is alleged to have committed the offence in August 2019 and has been in custody ever since he was arrested on September 9, 2019. Pending determination of the proceedings before the principal magistrate, Shongwe applied for a stay of the trial.

Purposes

The teacher was charged under Section 3 of the Act. In terms of this section, a person who rapes another commits an offence of rape and, for purposes of this Act, an offence of rape is committed either by a male or female person against another person. In his answering papers, the DPM submitted that the effect of the interim interdict was that the director of public prosecutions (DPP) would be restrained from exercising the powers he derived from the Constitution.  He averred that the interdict would also prevent the DPP from initiating and prosecution under the SODV Act until this application was finalised.

Masuku contended that the applicant’s (Shongwe) case was by no means clear. “The application is misconceived and without merit. It is in my respects abstract, hypothetical and not ripe for determination. The only issues ripe for determination are the application for an interim interdict and the strict liability challenge,” contended the DPM. The Act, according to the DPM, was introduced into Parliament by his office. Masuku dismissed Shongwe’s assertion that Section 3(2) of the SODV Act created an offence of strict liability.

Post your comment

Your name:

Your e-mail address:

Add your comments:

Please enter the code you see in the image:

Image:

Code: